UNION OF INDIA Vs. MOHAMMAD YUSUF

JUDGEMENT

(1.) This Regular Second Appeal by Union of India and one of its functionaries, hereinafter called defendants, is directed against the judgment and decree, dated 30.12.2006, of learned District Judge, whereby accepting the appeal of respondent Mohammad Yusuf, hereinafter called plaintiff, against the judgment and decree, dated 27.11.2004 of the trial Court, said judgment and decree of the trial Court, dismissing the suit of the plaintiff-respondent, has been set aside and the suit has been partly decreed.

(2.) Respondent-plaintiff filed a suit for recovery of a sum of Rs.2 lacs, on account of damages, alleging that he was engaged as carriage contractor, by means of a written agreement Ext. D-1, for carrying, inter-alia, bales of paper, through coolies. An FIR was lodged against the plaintiff by the defendants on 12.9.1986. Allegation made in the FIR was that plaintiff had misappropriated 198 bales of paper, worth Rs.1,47,828.23. It was alleged that the allegedly misappropriated bales of paper had been entrusted to the plaintiff, through his coolies, at Railway Station for carriage to the printing press, but the said bales of paper did not reach the press.

(3.) When the matter was under investigation by the police, defendants invoked arbitration clause in the agreement, Ext. D-1, and submitted a claim to the Arbitrator for recovery of money value of allegedly misappropriated bales of paper. Arbitrator dismissed the claim of the appellants-defendants, vide award dated 1.12.1988. Appellants-defendants challenged the award by filing objections in the Court of Senior Sub Judge, Shimla, which were dismissed. An appeal was filed in the Court of District Judge. That appeal was also dismissed.